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TOPIC FREQUENCY

New York 7, John 7, Post Shredded Wheat 6, Paul 5, Georgia 5, Massachusetts 4, Daytona 3, Us 3, Mccready 3, Joey 3, Joey Jackson 3, Oscar Pistorius 3, Usaa 3, Whitaker 3, New Jersey 3, Atlanta 3, Tony Stewart 2, Obama 2, Reeva Steenkamp 2, Danica Patrick 2,
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  CNN    CNN Newsroom    News/Business. Latest on the day's top news stories  
   with a focus on global news, trends and destinations. New.  

    February 18, 2013
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or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta is not for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help. did you know not all fiber is the same? citrucel is different- it's the only fiber for regularity that won't cause excess gas. it's gentle and clinically proven to help restore and maintain regularity.
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look for citrucel today. it's gentle and clinically proven to help restore and maintain regularity. ♪ let's face it. everyone has their own way of doing things. at university of phoenix we know learning is no different. so we offer personalized tools and support, that let our students tackle the challenge of going back to school, like they do anything else... their way. thanks, carol. hello, everyone. i'm john berman in for ashleigh banfield today. talk about pain at the the pump. gasoline is higher today than it was yesterday. we've been saying that a lot lately. it's an unbroken trend we've
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been watching for the past month. this is how gas prices have looked over the past year. now the lowest point was just before christmas. zain asher is at a gas station in manhattan. how does it look where you are? things are worse in manhattan, right? >> reporter: yeah, absolutely. and taxi drivers in particular are frustrated because of the pain at the pump. gas prices right here on 10th avenue, $4.15 for regular. $4.45 for premium. just to give you context. hawaii right now has the highest gas prices in the country. $4.29. the cheapest is in wyoming. that's $3.17 a gallon. i spoke to taxi drivers here, telling me they're spending up
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wards of 40, 50, $60 a day on gas. other drivers saying they're considering using electric cars or hybrid cars. >> being in new york you have access to public transportation. but the necessity of having a car at some point is what it is. and so you are going to have to cope. >> i'll say just find the prices at gas stations are getting out of control. the government is not doing anything about it. >> right. and that last guy i spoke to, his name is david jacobs. i asked him what about taking public transportation. what about taking the subway? and he told me he is not allowed to take the subway. he is banned from taking the subway because he was a 9/11 first responder. and due to respiratory illnesses and the poor air quality, doctors have banned him from
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taking the subway. he's really at the mercy of gas prices. when gas prices rise, they affect people many more ways than you can possibly imagine. >> is there one thing, or are we talking about a cocktail or factors behind the high gas prices? >> well, several things, actually. also showing signs of recovery. you'll see the demand for crude oil go up. it will push oil prices up as well. refineries typically around this time of year will close for maintenance. we're also seeing refineries shutting down because some of them are losing money. that puts pressure on supply and will send gas prices rising higher. john? >> zain asher, outside the gas station where the prices are high and getting higher. thanks a lot, zain. for country music star mindy mccready, this is the end everyone feared. death by her own hand. after a decade of drug abuse,
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petty crime, mccready shot herself on the front porch of her home, exactly where the father of her 10-month-old son shot himself a month back. >> i've never gone through anything this painful. nor will i ever again go there anything so painful. >> between wilson's suicide and her own, mccready was in rehab. how did that come about and how and why did it end? >> this all happened in the last few weeks, john. she had been seeking help. she went to rehab earlier this month but reportedly checked herself out early on the condition of continuing outpatient care. we don't know why the decision to leave early from rehab was made. >> so in 1996 her first solo album sold more than 2 million
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copies. things seem to be going so well. and then there was a downward spiral. one or more suicide attempts. a sex tape, a custody fight with his mother. in 2009 she tried to get clean with the help of hln's dr. drew pinsky. tell us about that. >> she did have a long history of battling her demons of addiction and drug abuse and all those things. she says that she really was trying to get help. he said as far as he knew she went to a psychiatric facility to try to get better. and the way in which the public attacked celebrities who take care of themselves. she became so fearful of the stigma and the way people responding to her being hospitalized that she actually
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checked herself out prematurely. and now we have what we have. >> and during her time on celebrity rehab, we saw her have an on camera seizure. she is the third person from her season of "celebrity rehab" to die. joey died last august. at the heart of mccready's struggles is her kids. she leaves two boys, 6 years and 10 months old, without a mother. >> she's been a presence for more than 15 years in the country music scene. how are people in the scene reacting to her death? >> well, shocked. everyone is feeling for the little boys. last night celebrities took to twitter responding to this. carrie underwood said i grew up listening to mindy mccready and
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wynona judd released a series of tweets. surround them with your grace and mersy. that is pretty much what everyone is feeling this morning. just so sorry for the little boys. >> and as a struggle that has gone on for so many years. a little more than a year ago mindy launched a comeback attempt. she said i haven't had a hit in almost a decade. i've been beaten, sued, robbed, arrested, jailed and evicted. but i'm still here. so sad. now to some other news. president obama's plan for immigration reform was leaked over the the weekend. it includes a clear path to citizenship for illegal immigrants. republican senators john mccain and marco rubio were working on a senate immigration plan that quickly criticized the president's version. it's only a backup in case
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congress fails to act. more from marco rubio. you remember him reaching for that bottle of water during his response to the state of union address. now a pact, his pact, has turned this into a $100,000 moment. rubio's pact has raised that much money being giving away water bottles for any donation over $25. that's smart politics. so danica patrick has made nascar history. she's the first woman to win the poll for the storied daytona 500. now some details on the pope's declining health. pope benedict may be blind in his left eye. that's according to a german journalist. he tells the newspaper the pope's hearing has also faded. he says the pope is so thin the tailors struggle to keep him in
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his clothes. he cited his poor health for his decision to leave. he will leave on february 28th. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. [ male announcer ] glucerna hunger smart. you know it can be hard to lbreathe, and how that feels.e, copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms by keeping my airways open for 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help
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sale today. there are four letters written by lennon's killer, mark david chapman, to the arresting officer in the murder case. retired officer steven spiro said chapman had hoped they would become friends. in all the the letters chapman asked him to read the book "catcher in the rye." these are valued at $75,000. police in springfield, florida, are investigating. when they approached a 10-year-old boy completely naked, he appeared to be drunk. they found two adults passed out at his home near a half empty bot toll of brandy. police are treating the case as possible child abuse. back to daytona, florida, and the historic run. she became the first woman to capture the poll at nascar's marquee event. she sat down with our very own don lemon who asked if she
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understood just how historic and important this moment really is. >> in a simple word, yes. i understand that. understanding the scope of what that means and what it will end up meaning or if any is something that happens down the road. in the moment it's about thinking about what i need to do for next sunday and trying to make some more history. >> tell us about the reaction from fellow drivers including your team owner, tony stew ward. >> tony came over when we had gotten the poll. so qualifying was over with. he came over to say good job and u just wanted to say thank you for giving me the chance and the crew and the car and the job. to be able to go out there and do something like that. it means a lot and it goes a long way when tony stewart believes in you. >> i met tony stewart when i was
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doing an interview for daytona 500, and he was a very gracious man. let's talk more about you, though. winning the poll is one thick. now you have to go out and race in 125 mile qualifying race and then a 500 mile main event on sunday. how are you going to prepare? >> i'm going to hope i can have a little time off. i'm racing in the nationwide race, which will be a big help on sunday for the daytona 500. so i'll be racing on saturday and sunday. but just getting out there in traffic and feeling what it's like and other cars. we have to be smart about what we do on the track. inl if we crash in practice or the duals, which is a race on thursday, we don't get to start in the front row. so we have to be smart, but it doesn't mean we can't get the chance to feel what it's like around other cars. >> so don't be modest.
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what are you doing this time that is different or better than before or better than the other drivers? >> i don't know how to answer that. all i can do as a driver is to be smooth. to not let the car bind up too much. let it go where it wants to go a little bit. keeping a minimum distance, as little as possible. but oempb that, i mean, it's very much about the crew. so i know you told me not to be modest. but it's very much about the crew and the engine and the car. those elements have to be in place. >> you were also modest in the history question. you said you do understand that you made history today. but do you understand there are young women and little girls at home watching you who will say i
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can do that. i can be a danica patrick. and my producer is saying little boys. little boys have had role models in racing from the beginning. you're a role model for little girls. you get that? >> i love to go beyond racing in general. i mean just to break gender barriers. one of the coolest thing is to think that parents and their kids are having that conversation at home about it. i heard stories about a kid saying, but that's a girl tout there racing and then they can have the conversation to say you can do anything you want to do. gender doesn't matter. your passion is what matters. and that's cool. >> such a wonderful moment. it will make for an incredibly exciting week at daytona. she took care of the first part, which is qualifying. but in the last 20 years a person on the poll for the daytona 500 has only one three
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times. the last person to do it was dale earnhardt jr. in 2004. everyone tells a little white lie now and then. but now she wants my recipe [ clears his throat ] [ softly ] she's right behind me isn't she? [ male announcer ] progresso. you gotta taste this soup. [ clears his throat ] new griddle-melts to yourime usual breakfast sandwich.'t she? a lot more flavor. [ anouncer ] ihop's new griddle melts... made fresh and hot! hand crafted just for you. it's like a sexy sandwich. [ anouncer ] compare new griddle melts yourself. just $4.99. it's an epic breakfast sandwich.
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we have some new details this morning in the valentine's day murder case involving south african olympic star oscar
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pistorius. an official familiar with the case says his girlfriend reeva steenkamp was still alive after being shot four times through a bathroom door at the athlete's home. also police say they are examinening a bloodstained bat found at the scene. all this as pistorius prepares to return to court tomorrow. rab bin, what is the latest on all this new information? well, let us paint a picture for you. wur getting a better sense of what happened early on valentine's day. they according to an official close to the investigation, as well as to local media reports. what we do know is reeva steenkamp brought along her overnight bag and her ipad, indicating, of course, that she was planning to spend the night at her boyfriend's house. we know she was shot four times through a closed bathroom door.
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and this mistear bat covered in blood that local media are referring to. many people firmly believe this was either used to attack her further or that she used it to defend herself, but i think the clearest line of thought is that oscar, bashed down the door to try and access her where she was critically injured inside. we then know that he picked her up and carried her down the stairs while she was still alive. and that's where we have the forensic and blood spatter. beyond that all we know is he is being charged with her murder, and she is dead. still south africans here are very confused. still very bewildered as to what triggered this. what the motive is. >> and owl of the new evidence goes to a key question in the case. was it self defense or an
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unmotivated attack? self defense being against an unknown intruder in the house. you have spoken several times over the years about his time at boarding school and his alleged troubles sleeping at night. explain this. >> absolutely. now obviously the closest we're going to get to a trial is by the end of the year, and this is the kind of thing i think the defense might come up with. oscar pistorius is a complicated human being. he has tried to play equally with abled body people. he went to a private school where he was a boarder. he told me at least one incident of where he was bullied is when the kids, the boys would ig night the fire alarm with a lighter. it set off the fire alarm in the school, which meant the kids in the dormitory would have to evacuate. what the boys would have done before that is they would hide
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oscar pistorius' prosthetic legs. when everybody else was evacuating, he is scrambling around to find his legs. it's that vulnerability in the middle of the night is why he slept with a gun and also explains a lot of his paranoia. >> there is certain to be a lot of twists and turns in the case. and while pistorius returns to court tomorrow, the funeral services will be held for his girlfriend, reeva steenkamp, in her hometown of port elizabeth. want to get to the other top stories around the world today. venezuelan president hugo chavez back in his home country. he has been undergoing cancer treatment since december. he wrote we come back to the country of venezuela. thank god. thank you dear people. here we continue to treatment. wikileaks founder julian
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assange is considering a run for senate in australia. he says being elected would force the united states government to drop espionage charges against him. he remains hold up at the assembly where he was holed up last june. and now to russia where the hunt is onto find valuable pieces of a meteor that exploded overhead. scientists have found dozens of rocks around a frozen lake they say are parts o it have meteor. the big prize is the largest chunk that is supposedly at the bottom of the lake. the officials say they may have to wait until spring, until the thaw happens, until they can find that. transit fares! as in the 37 billion transit fares we help collect each year. no? oh, right. you're thinking of the 1.6 million daily customer care interactions xerox handles. or the 900 million health insurance claims we process. so, it's no surprise to you that companies depend on today's xerox for services that simplify how work gets done.
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so a chance for a student to receive free tuition for a semester rested in the coach's ability to get a shot at half court. the student chose the coach to take the shot for him. a great choice it was, too. because nothing but net. the coach sank the shot and won tuition for the lucky student. there was a huge celebration at court, too. that was a very, very good shot. cool. so drowning in red tape. four months after superstorm sandy, many homeowners still cannot get insurance money to repair their homes. some of them are going broke while they wait. our own deb feyerick joins us from new york. what's the oldup here? >> it's crazy. you have more than 6,000 people either living in hotels or partially rebuilt homes. the money they need is so close. yet nay can't get their hands on it. it's not the insurance company. the insurance companies have actually distributed the money. but they give it to the lenders. and so the name on the check is
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both the homeowner and the lender. the lender has the money. the lender wants proof that in fact there's either damage or the repairs have been made. okay. sounds reasonable. except a lot of people just don't have the extra cash. the thousands that they need to rebuild those homes. and so there's just an enormous amount of frustration that's going on. people are begging to have their money released. and the new york governor is saying look, fanny, freddie, do the right thing and give these people your money. >> a big issue in new york and new jersey. he's the mayor of seaside heights, new jersey. the people who can't get their money from the insurance companies or the lenders, what kind of relief can the state offer? >> i think the next best hope is what the governor was outlining the last time he was in seaside heights. there seems to be a community block grant, money that's going to come out of the sandy relief bill, where states will have the
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ability to cut some red tape, get the money to the people a lot quicker, they were talking within 30 to 45 days. i think that is the next best hope in order to get money. >> so mr. mayor, how much money are we talking about in the block grants and if you're one of if these people suffering in the badly damaged homes, how do you get your hands on the money? >> that's two great questions. everyone knows there's a pot f of money out there. everybody knows about the big number, the $51 billion. the problem is nobody knows what is going to be set aside for mitigation money or blaock gran money. you know there's money, you just don't know how much. then you have to find out what the rules are. they say it's coming, how you're going to get this money, but no one has outlined it yet. and that's been a frustrating point, too. we know there's money.
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we know it's available. we don't know the amount. we don't know what the criteria is, how to qualify for the money that we so desperately need. >> it must be incredibly frustrating. let's hope there's less red tape and more relief for the people there who need it. deb feyerick in new york and mayor akers of seaside heights, new jersey. thanks for being with us. nd cra. it's like a sexy sandwich. [ anouncer ] compare new griddle melts yourself. just $4.99. it's an epic breakfast sandwich.
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so an idaho man is out of a job today after allegedly smacking a crying toddler on a recent fight. not his, either. according to court papers the man used the "n" word and struck the child while the plane was descending into atlanta. cnn's renee marsh explains what happened. >> jonah is 19 months old and a cure i don't say ordinary toddler. but what allegedly happened on a february 8th flight from minneapolis was far from ordinary. jessica bennett says she and her
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adopted son were on the flight in seat 28b. next to them in seat 28a was this man, joe ridley of idaho. >> he was just being rude and belligerent. i fell very uncomfortable. she says she even left her seat and stood in the back of the plane holding jonah for much of the flight. she had to sit back down for landing in atlanta. because of the altitude change, jonah was uncomfortable and crying. then it got ugly. >> i was having trouble comforting him, and that's when the guy had made his comment to me. >> court documents say he allegedly told to quote, shut that "n" word baby up. >> i could not believe he would say something like that to a baby or about a baby. >> and then huntley allegedly slapped jonah hitting him in the eye. >> and then to hit him. i felt like i was in another world. i was shaking. >> according to the criminal
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complaint, fellow passengers came to her aid. cnn reached out to him, who has been charged with assaulting a minor. he declined to comment and asked to talk with his attorney. handley's attorney referred us to comments she made to kw"the minneapolis star tribune" where she says her client will plead not guilty. the plane landed safely. and john, i just got off the phone with his attorney. she says, and these are her words, quote, this has escalated into a racist issue, and i want to be clear that my client is not a racist. she says that handley is dealing with his own issues, but she didn't elaborate. she also says if she did use the "n" word, and she's not saying he did. if she did, that does not make him a racist.
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he will make his first court appearance in atlanta. john? >> interesting to hear from his attorney. does this guy have any previous record? >> well, he does. according to court documents back in 2007 he pleaded guilty to misdemeanor assault. that charge was in virginia. john? >> interesting. renee marsh in washington. thanks for that. we want to bring in cnn legal contributor paul callen and joey jackson joins me now want i want to take the "n" word out of it for a sec here. can you hit someone else's kid? how much trouble is he in? the answer is no. what are you thinking. you can't do it and he's charged with simple assault. it's an offensive harmful contact or conduct with someone without their consent. he faces up to a year in jail. i suspect it will be resolved
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for significantly less than that, john. >> i said take the "n" word out of it. let's not take it out of it. how much does that exacerbate the legal issue? >> he's only charged with a misdemeanor assault. in a lot of other states this would be viewed as a hate crime. he's only charged with a misdemeanor. so the use of the word goes to motive, but it won't make it a worse charge. >> as the mother of the baby says, the man smelled of alcohol and was drinking during the flight. what kind of factor is that? >> i think in the civil case later on, you have to wonder how was the screening of passengers? how effective was it? his defense attorney will try to use it as a defense to say he was drunk and didn't engage in hateful conduct. >> you brought up the possible case against delta.
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is there a limit to what the parentscan seek? what you have to establish are damages. right? while this comic was offensive and outrageous, it should never happen under any circumstance. the case will be how was he damaged? if his eye was damaged or other bones were injured, now you're talking significant money. when it comes to this the monetary issue becomes far less significant. >> what about emotional distress, though? this kid was hit by someone not his parent and was called an awful word? >> oh, yeah. in most states in the mother is emotionally distressed, it's not enough to have a physical injury to the child for the mother to collect damages. so that's a hard road to follow in civil cases. even as bad as this looks like. >> what if the mother had
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smacked the guy after he hit her kid? >> generally not. that's called revenge. the only time we allow someone to hit someone else is if you're defending yourself or others. you could say she was hitting him because she wanted him to stop, which changes the equation. i don't think anybody would look to defend her. >> i would take that case, joey. i would defend her any time. >> i got to say, this case affects all parents like me who travels with our kids all the time. paul and joey sit tight for a second. after the the break we're going to talk about a jilted boyfriend on trial for the murder of his ex-girlfriend. with the bankamericard cash rewards credit card. earn 1% cash back everywhere, every time. [ both ] 2% back on groceries. [ all ] 3% on gas. no hoops to jump through. i earn more cash back on the things i buy the most. [ woman ] it's as easy as... one!
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for 12 months today. liberty mutual insurance. responsibility. what's your policy? so it's not uncommon when you get dumped in high school to grieve a little bit, move on and hopefully find someone new. but a teenager in massachusetts allegedly decided he wanted revenge. so he called his ex-girlfriend over to his house, told her to park her car out of sight and then allegedly strangled her with a bungee cord and slashed her cord. then the high school grad drove her body to a marsh and dumped it. the testimony resumes in the trial of nathaniel fujita. the defense says he experienced a psychotic episode when he killed his ex-girlfriend. so i am joined again by cnn
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legal contributor paul callen and joey, they are back. the issue here is psychotic episodes. fujita, who is now 20, is pleading temporary insanity or a brief psychotic episode. but the officer said, quote, there was nothing out of the ordinary about fujita. so what exactly is or could be a brief psychotic episode? >> well, massachusetts has a law that says you have a sanity defense if you lack substantial capacity understand the criminalalty of your act. they're going to say as a result of the flash of temporary insanity, he didn't understand what he was doing and the jury should find him not guilty or reduce to second-degree murder? >> would the cop have to notice something there for it to count? >> the cop is not an expert. you need a psychiatrist to look at it. the cops have their opinions. >> so fujita has googled does
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water erase fingerprints? it sounds vaguely like the casey anthony search when we see searches for chloroform. how damaging is a search like that as evidence? >> well, you know what will happen is the prosecution will show that goes to premeditation. if you're googling things like that and then inviting your girlfriend over, it goes to the issue of you having some predetermined plan to do something like commit a murder. however, what will ultimately end up happening is his conduct at the time of the commission of the defense is at issue. that's the critical moment. was he having a psychotic episode at that point? did he lose his mental capacity, as paul was explaining, regarding the laws of mental insanity? or was he lucid and knew he wanted to commit the defense? >> can you have premeditation and a psychotic episode or do they preclude each other? >> well, with premurder you're looking to lie in wait. you're looking to a plan in
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which you want to make this, you want to finally complete the act sochlt when you're looking at a psychotic episode, you're talking about loss of control, loss of capacity, loss of a mental state. you don't have the mental capacity to do it. you didn't know what you were doing. >> the interesting thing about the massachusetts first-degree murder law is if the murder is with deliberate cruelty where you take pleasure in the suffering of your victim, that makes it first-degree murder. we're kind of in a continradicty case. they are going to say it shows he's crazy. the prosecution says it shows first-degree. >> they shift the burden. in many of the other states, over 30, it's up to the defense to show the client was insane. in massachusetts the prosecution has to establish sanity. it's a burden thing that
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happens. >> that's really fascinating. thanks, paul. thanks, joey. this trial is expected to last about three weeks and we'll keep an eye on it for you. we'll be back with more legal & q&a. 2004. the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance quote. usaa. we know what it means to serve. many cereals say they're good for your heart, but did you know there's a cereal that's recommended by doctors? it's post shredded wheat. recommended by nine out of ten doctors to help reduce the risk of heart disease. post shredded wheat is made with only one ingredient:
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so years before the supreme court declared it
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unconstitutional to execute the mentally disabled, the state of georgia made it illegal. it was the very first state to do so. so why, you may ask, is a two-time killer named warren lee hill junior, a man with a proven iq of 70, a man whom georgia courts twice found intellectually handicapped by a preponderance of evidence. listen to those words, preponderance of evidence. why is that man headed for lethal injection tomorrow? this is a great an fascinating section for our lawyers. from "in session" on trutv, joey jackson. in 2002 the supreme court said because of their abilities in areas of reasoning x judgment and control of their impulses, mentally disabled people do not act with act with the level of moral culpability that character ices the most serious adult conduct. given what the supreme court said, paul, how is warren hill a condemned man? >> well, you have to say, how can georgia do this.
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when you look at the underlying case. yeah, you always have to start with the underlying case. he was in prison for having shot his girlfriend. i think he shot her eight times. she was on the ground pleading for her life when he pumped the last bullets into her. he goes to prison and then bludgeons a person in prison with a two by four studded with nails. let's get to the mental retartation thing. the u.s. supreme court said we don't put mentally retarded people to death but we'll let the states determine who's restarted and who's not. he was 70, borderline retardation. but how do you conduct yourself in ordinary life, seaman second class in the navy. described as the leader of his family. buys a car, a motorcycle. the judge says i don't find it beyond a reasonable doubt that he's mentally retarded. that's the back story. >> joey, it says, the defendant
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may be found guilty but mentally retarded. those are their words and thus spared the death penalty if the jury and the court finded beyond a reasonable doubt that the defendant is guilty of the crime charged and is mentally retarded. those words seem crucial here. so is explain to me the difference between beyond a reasonable doubt, and preet ponderance of the evidence. what's the difference there? >> absolutely. what happens, john, we don't want the defendant feigning, right, pretending the. so georgia, the only state in the union, by the way, could establish you're mentally handicapped. you have to do so beyond a reasonable doubt. that's a high standard. it's beyond what a reasonable doubt is. how does that differ from the preponderance? because it's a lower standard. that standard says is it more likely than not. that's what most states
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throughout the country have. all the other states have that, except for georgia. so if you can establish in those other states that it's more mentally handicapped, guess what. you fit into atkins versus virginia when the united states is it court which case you can't be fought death. >> joey, paul, thank you. don't go away because up next, the case of the suspected celebrity. [ anouncer ] ihop is in time square to compare
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here's a question. honest mistake or something more? fallout this morning after oscar-winning actor forest whitaker was frisked and accused of stealing an an upscale new york deli. the actor said he was stopped and padded down last friday during a lunchtime lunch. the employee later apologized and the actor left without filing charges but as you might imagine, he was shocked and angry. let's bring in cnn legal analyst paul callan and "in session's" joey jackson. i want to read you, frisking individuals without proof/evidence is a violation of rights. forest asked that, in the future, the store change their behavior and treat the public in a fair and just manner. forest whitaker is an african-american, is this an honest misor take or racial
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profiling? >> makes you wonder, john. we'd like to live in a world where we think optimistically and this never happens. absolutely not. you have to wonder if there was something else here, profiling or something. if there's good to come from this, john, that's. they evaluate their policy and start treating people with a little more courtesy, a little more respect. remember before you pat and photographic someone, you have to have at least suspicion. >> that's something that new york cops can do, that's some what happens in the city here. but, paul, can a deli do that? can they stop and frisk you? >> well, yes and no. if sthey suspect that you're a shop lifter, there's rules that they can detain you until police arrive on the scene. they thought he was a shop lifter, patting him down until the cops got there.
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it's pretty stupid by a low-end employee and i think the store is going to be embarrassed by that. >> one of the things we'll never know, we don't know, the state of mind of the employee here. how can you really ever prove when it was a honest mistake or some kind of racial profiling? paul? >> you know, done prove that. and forest whitaker would have to start a whole lawsuit. and he played idi amin. he's a tough guy. i think he can survive this incident. >> given the gentleman that he is, he didn't even want to call the authorities for fear of having that employee lose his job. what a guy, huh? but it happens every day. it sheds a big light on it and sh-t shouldn't happen. because of this, perhaps it will happen less. >> would it be worth his while to make an issue out of this, joey? >> it certainly could be. if they're doing this to someone like im